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Moser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...

Court : Delhi

Subject : Direct Taxation

Acts : Finance Act, 2007 - Sections 4A, 92CA, 92CA(2), 92CA(3), 92CA(4) and 143(3); Income Tax Act, 1922 - Sections 42(2); Income Tax Act, 1961 - Sections 92 to 92F, 220(2A), 246A, 250(4), 271AA and 271(1); Finance Act, 2001 - Sections 92; Finance Act, 2007; Assam Municipal Corporation Act - Sections 298; Imports and Exports (Control) Act, 1947 - Sections 4M(1); Municipal Act - Sections 298; Income Tax Rules, 1962 - Rules 10A and 10B, 10D, 10E and 46A; Constitution of India - Articles 226 and 227

Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)

to be invariably complex. It was his submission that prior to the amendment brought about by virtue of Finance Act, 2007, w.e.f. 1.6.2000, the assessee was afforded an opportunity of presenting its case, both before the TPO, as well … territory.6.5 With the enactment of Income Tax Act, 1961 a somewhat similar provision was inserted by way of Section 92. By Finance Act, 2001 w.e.f. 1.4.2002 Section 92 was substituted by Sections 92 to 92F; provisions which are

Sony Ericsson Mobile Communications India Pvt. Ltd Vs. Commissioner of ...

Court : Delhi

Subject : MRTP

the Assessing Officer, having regard to retrospective amendment to Section 92CA of the Income Tax Act, 1961 by Finance Act, 2012.2. Whether AMP Expenses incurred by the assessee in India can be treated and categorized as an international … Canon India Pvt. Ltd Daikin Air Conditioning (India) Pvt. Ltd 132/2014 214/2014 2007-08 2008-09 2006-07 2007-08 2008-09 2007-08 2008-09 93/2014 99/2014 100/2014 101/2014 109/2014 512/2014 … transaction and not an entity based method. (b) Scrutiny of Chapter X of the Act and language of Section 92(3) mandates and sanctions that TNM Method would be applied only on a transactional level and not at the

M/S. Vodafone India Service Pvt. Ltd., (Formerly Known as 3 Global Ser ...

Court : Mumbai

Subject : Direct Taxation

in respect of any person or class of persons.]” Sub-section (2A) of Section 92CA was introduced by the Finance Act, 2011 with effect from 1st June, 2011. Sub-section (2B) was introduced by the Finance Act, 2012 with retrospective … the shares in respect of the group companies. 6. On 11th February, 2007, a share purchase agreement (hereinafter referred to as the “SPA”) was entered … not been kept and maintained by the assessee in accordance with the provisions contained in sub-section (1) of Section 92-D and the rules made in this behalf; or (c) the information or data used in computation of the

M/S. L.G. Electronics India Private Limited Vs. the Asstt. Commissione ...

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

called `the Act') has undergone certain changes. He referred to sub-section (2A) of section 92CA, inserted by the Finance Act 2011 w.e.f. 1-6-2011, as per which, where any other international transaction, apart from those referred to under sub- … 15.1. At this stage, we feel it productive to have a macro view of the transfer pricing provisions. Section 92 provides that the income from an international transaction shall be computed having regard to ALP. What is an … far as we are concerned with the present appeal involving the A.Y. 2007-08, which is a period anterior to A.Y. 2012-13. The extant case is

Coca Cola India Inc. Vs. Assistant Commissioner of Income Tax and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)

submitted that opportunity had become all the more necessary in view of amendment w.e.f. 1st June, 2007 vide Finance Act, 2007, amending Section 92CA(4) of the Act to the effect that order of the TPO would be final and … reply to the said notice, seeking reasons for proposed reassessment. The reasons indicated that the AO referred to Section 92 of the Act, which enables the AO to determine profits which may reasonably deemed to have been derived,

Commissioner of Income Tax 5 Mumbai Vs. M/S. Essar Teleholdings Ltd. T ...

Court : Supreme Court of India

Subject : Land Acquisition

be understood before correctly appreciating the nature and purport of Rule 8D. Section 14A was first inserted by Finance Act, 2001 with retrospective effect w.e.f. 01.04.1962. Section 14A as originally inserted reads as under:­ “14A. Expenditure incurred in … and (3) of Section 14A clearly mention that the aforesaid provisions were to be applicable from assessment year 2007­2008 onwards. Hence, Rule 8D, which is framed to give effect to the provisions of sub­sections (2) and (3) … 2015, C.A. No. 7892 of 2015, C.A. No.9251 of 2015, C.A. No. 9252 of 2015, C.A. No. 14525 of 2015, C.A. No. 8178 of 2016,

Commissioners for Her Majesty's Revenue and Customs (Respondent) Vs. D ...

Court : UK Supreme Court

Subject : Land Acquisition

provisions with which the Court is concerned in this appeal. There is a new code, introduced by the Finance Act 2007 and now re-enacted as Part 6 of the Corporation Tax Act 2009. DCC's printed case suggests that one … legislation with a garb of commercial sanity") and Rix LJ at para 92 ("a most unfortunate, uncommercial, and no doubt unintended result"). Moses LJ referred … (UK) Ltd ("DCC") as lender and Ulster Bank Ireland Ltd ("the Bank") as borrower deemed to exist under section 730A of the Income and Corporation Taxes Act 1988 ("ICTA 1988"); and (3) A loan transaction between the

Knorr- Bremse India (P.) Ltd. Vs. Assistant Commissioner of Income-tax ...

Court : Punjab and Haryana

Subject : Land Acquisition

367 ITR 730 (Delhi). The Division Bench held: "35. The Transfer Pricing Officer's report is, subsequent to the Finance Act, 2007, binding on the Assessing Officer. Thus, it becomes all the more important to clarify the extent of the … S.J. Vazifdar, Acj. 1. These are cross appeals under Section 260-A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT) allowing … the appeal: "A. Whether on a true and correct interpretation of section 92C(1) r/w 92CA(3) of the Income Tax Act the Tribunal was right in

Maheshwari Agro Industries Vs. Union of India

Court : Rajasthan

Subject : Direct Taxation

254 of the Act by Finance Act, 1999 with effect from 01.06.1999 and further first proviso substituted by Finance Act, 2007 with effect from 01.06.2007 extending period of stay granted by the ITAT in the first instance for 180 … may be visited with penalty. Source : [F.No. 207/5/73-ITA-II, reported in [1973] 92 ITR (St.) 4] 24.5 Circular No. 530 DT: 6 March, 1989 Exercise … ‘Act’) have power to grant stay and decide the stay application filed along-with appeal/s filed before them under Section 246/246A of Act respectively or not. The concomitant question, which would arise is whether the power of the

Eaton Power Quality Private Limited Vs The Deputy Commissioner of Inco ...

Court : Chennai

vide amendment in Finance Act, 2006 with effect from June 1, 2006 and the second proviso inserted by Finance Act, 2007, extending the time for completion of assessment, when a reference has been made to the Transfer Pricing Officer, … determine the ALP in the TPO; would normally be accordance with Sub- available in the section (3) of Section 92 4. If a case has been accountant’s report. The of the Act. Sub-section selected for scrutiny on a